LEGISLATIVE UPDATE FROM EQUIP FOR EQUALITY
February 16, 2024
The following are disability-related bills and/or issues pending in the Illinois General Assembly that are scheduled to be heard in committee during the week of February 19, 2024:
House Human Services Committee
February 21, 2024, 9:00 a.m.
Stratton Building, Room D-1
Springfield, IL
HB 4364, Representative Jay Hoffman
Amends the Medical Assistance Article of the Illinois Public Aid Code. Requires the Department of Healthcare and Family Services to establish and administer a Seniors Deserve Dignity Program that provides monthly supplemental personal needs payments to persons residing in supportive living facilities who receive medical assistance and a personal needs allowance as specified in the Illinois Administrative Code. Provides that, beginning July 1, 2024, a qualifying person shall receive a monthly supplemental personal needs payment in the amount of $30 so that the person’s total monthly personal needs allowance is no less than $120. Provides that, beginning July 1, 2025, a qualifying person shall receive a monthly supplemental personal needs payment in the amount of $60 so that the person’s total monthly personal needs allowance is no less than $150. Requires a qualifying person’s monthly supplemental personal needs payment amount to be adjusted for inflation beginning July 1, 2026 and every July 1 thereafter. Provides that the monthly supplemental personal needs payments shall not be considered income for purposes of determining eligibility or the amount of assistance for any public aid benefit provided under State law. Grants the Department rulemaking authority. Effective July 1, 2024.
HB 4599, Representative Maurice A. West, II
Creates the Home Modification Program Act. Provides that the purpose of the Act is to establish a home modification funding system that is streamlined, effective, and administered by experts within the disability community. Provides that, subject to appropriation, the Department of Human Services shall establish a Home Modification Program to provide financial assistance to persons with disabilities for home modification projects. Requires the Department to designate a statewide association that represents centers for independent living to serve as the lead agency to administer the program. Requires the Department to provide funding for the Program. Requires the lead agency to distribute any moneys it receives from the Department to the State’s 22 centers for independent living, covering all 102 counties. Provides that the lead agency shall ensure that each center for independent living has access to at least $105,000 to use for home modification projects, with the excess funds subject to reallocation during the 4th fiscal quarter of each year. Contains provisions concerning eligibility requirements for applicants under the Program; the lead agency’s establishment of a Home Modification Subcommittee to provide additional oversight of the home modification projects; and an administrative fee to the lead agency.
House Health Care Licenses Committee
February 21, 2024, 10:00 a.m.
Capitol Building, Room 122B
Springfield, IL
HB 4506, Representative Maurice A. West, II
Amends the Mental Health and Developmental Disabilities Confidentiality Act. Allows, upon request, an investigator or attorney employed by the Department of Financial and Professional Regulation investigating any provider of mental health or developmental disabilities services who is a licensee of the Department to inspect and copy a recipient’s record or any part thereof. Provides that nothing in the Act prohibits the use of a recipient’s records in an administrative proceeding conducted by the Department.
House Elementary & Secondary Education: Administration, Licensing & Charter Schools Committee
February 21, 2024, 2:00 p.m.
|Capitol Building, Room 115
Springfield, IL
HB 4277, Representative Janet Yang Rohr
Amends the Educator Licensure Article of the School Code. Requires the world language endorsement on a Professional Educator License to include American Sign Language under rules of the State Board of Education.
House Mental Health & Addiction Committee
February 22, 2024, 10:00 a.m.
Stratton Building, Room C-1
Springfield, IL
HB 4475, Representative Lindsey LaPointe
Amends the Illinois Insurance Code. Provides that the amendatory Act may be referred to as the Strengthening Mental Health and Substance Use Parity Act. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025, or any third-party administrator administering the behavioral health benefits for the insurer, shall cover all out-of-network medically necessary mental health and substance use benefits and services (inpatient and outpatient) as if they were in-network for purposes of cost sharing for the insured. Provides that the insured has the right to select the provider or facility of their choice and the modality, whether the care is provided via in-person visit or telehealth, for medically necessary care. Sets forth minimum reimbursement rates for certain behavioral health benefits. Sets forth provisions concerning responsibility for compliance with parity requirements; coverage and payment for multiple covered mental health and substance use services, mental health or substance use services provided under the supervision of a licensed mental health or substance treatment provider, and 60-minute individual psychotherapy; timely credentialing of mental health and substance use providers; Department of Insurance enforcement and rulemaking; civil penalties; and other matters. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking. Effective immediately.
Joint Hearing of House Mental Health & Addiction Committee and Senate Behavioral and Mental Health Committee
February 23, 2024, 10:00 a.m.
C600, 6th Floor, Michael A. Bilandic Building and Virtual Room 1, www.ilga.gov
Chicago, IL
Subject Matter: Behavioral Health Workforce Shortage
- To file an electronic witness slip for the subject matter hearing: Click
Senate Judiciary Committee
February 20, 2024, 1:30 p.m.
Capitol Building, Room 409
Springfield, IL
SB 2663, Senator Sara Feigenholtz
Amends the Probate Act of 1975. Provides that upon the filing of a petition by a reputable person or by the alleged person with a disability himself or on its own motion, the court may adjudge a person to be a person with a disability, but only if it has been demonstrated by clear and convincing evidence that the person is a person with a disability and the person cannot be supported through a supported decision-making agreement. Provides that at the time of the appointment of a guardian the court shall inform the ward of his right to petition for termination of an adjudication of disability using a supported decision-making agreement. Makes other changes. Amends the Supported Decision-Making Agreement Act. Changes the definition of “principal” to mean an adult (rather than an adult with intellectual or developmental disabilities) who seeks to enter, or has entered, into a supported decision-making agreement with a supporter. Allows a principal to elect to nominate the supporter as the principal’s health care surrogate and may act as the principal’s health care surrogate when the standards set forth in the Health Care Surrogate Act have been met. Makes conforming changes. Amends the Health Care Surrogate Act. Provides that a supporter designated under a supported decision-making agreement has second priority to make decisions on behalf of a patient.
Senate Health and Human Services Committee
February 20, 2024, 3:00 p.m.
Capitol Building, Room 400
Springfield, IL
SB 222, Senator Tom Bennett
Amends the Mental Health and Developmental Disabilities Code. Provides that upon commencement of services, or as soon thereafter as the condition of the recipient permits, every adult recipient, as well as the recipient’s guardian or substitute decision maker, and every recipient who is 12 years of age or older and the parent or guardian of a minor or person under guardianship shall be informed orally and in writing that physical assault by a recipient may be reported to law enforcement pursuant to the Health Care Violence Prevention Act.
SB 2655, Senator Laura M. Murphy
Creates the Medicaid Expansion of Network Providers for Persons with Developmental Disabilities Task Force Act. Establishes the Medicaid Expansion of Network Providers for Persons with Developmental Disabilities Task Force to develop and propose policies to increase the State’s Medicaid provider networks to give Medicaid clients more provider choice for their health care needs. Provides that the Task Force shall work toward creating solutions to streamline the State’s Medicaid system, making it more efficient, and making it easier to use while improving the overall quality of care. Contains provisions concerning the Task Force’s composition and meetings. Requires the Department of Human Services to provide administrative support to the Task Force. Requires the Task Force to report its findings, conclusions, and recommendations, including suggested legislation, to the General Assembly by December 31, 2025. Repeals the Act on July 1, 2026.
SB 2957, Senator Mattie Hunter
Amends the Illinois Act on the Aging. In a provision requiring a long term care facility to permit the Office of State Long Term Care Ombudsman to examine and copy a resident’s clinical and other records, includes access to facility incident reports. In the definition of “access”, changes “express written consent” to “express consent”.
SB 3115, Senator Julie A. Morrison
Amends the Nursing Home Care Act. Provides that owners of a facility must submit a transition plan upon a change of ownership. Requires the transition plan to include a detailed explanation of how resident care and appropriate staffing levels shall be maintained until the license has been obtained and the transfer of facility operations occurs. Provides that the Department of Public Health shall not approve any change of ownership without a sufficient transition plan. Provides penalties for failure to provide a transition plan and ensure residents are provided adequate care during the change of ownership process. Provides that the transferor’s liability includes failure to have a sufficient transition plan during the change of ownership process. Effective immediately.
Senate Insurance Committee
February 20, 2024, 4:30 p.m.
Capitol Building, Room 400
Springfield, IL
SB 2896, Senator Karina Villa
Amends the Illinois Insurance Code. Provides that the amendatory Act may be referred to as the Strengthening Mental Health and Substance Use Parity Act. Provides that a group or individual policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after January 1, 2025, or any third-party administrator administering the behavioral health benefits for the insurer, shall cover all out-of-network medically necessary mental health and substance use benefits and services (inpatient and outpatient) as if they were in-network for purposes of cost sharing for the insured. Provides that the insured has the right to select the provider or facility of their choice and the modality, whether the care is provided via in-person visit or telehealth, for medically necessary care. Sets forth minimum reimbursement rates for certain behavioral health benefits. Sets forth provisions concerning responsibility for compliance with parity requirements; coverage and payment for multiple covered mental health and substance use services, mental health or substance use services provided under the supervision of a licensed mental health or substance treatment provider, and 60-minute individual psychotherapy; timely credentialing of mental health and substance use providers; Department of Insurance enforcement and rulemaking; civil penalties; and other matters. Amends the Illinois Administrative Procedure Act to authorize emergency rulemaking. Effective immediately.
NOTE: If you wish to take any action regarding any of these bills/issues, you may wish to file an electronic witness slip and/or or submit oral or written testimony to the committee holding the hearing and/or contact the members of the committee conducting the hearing and/or the legislators in your home district. The names, addresses, and telephone numbers of all legislators, both Representatives and Senators, can be found on the Illinois General Assembly website at: www.ilga.gov. You may check this website to find out if any of the committee hearing dates or times have been changed, which may happen upon very short notice.
For additional information, please contact:
Cheryl R. Jansen, Public Policy Director
cherylj2@equipforequality.org
217-303-8543
